Friday, October 25, 2024

Lusambo gets back his house as Court rules that warrant of seizure was irregularly issued to ACC

Share

The Lusaka Magistrate Court has today ruled that the warrant of seizure on Kabushi Member of Parliament Bowman Lusambo’s house be set aside.

The ruling means that Mr. Lusambo can now take possession of the property located Lusaka’s Chamba Valley area.

The Anti Corruption Commission had on April 13th 2022 seized Mr. Lusambo’s property on allegations that the property was acquired from proceeds of crime.

But Lusaka Magistrate Albert Mwaba ruled that the document which was issued as warrant of seizure on 13 April, 2022, be and is hereby set aside.

Magistrate Mwaba stated that Mr. Lusambo’s lawyers had argued that the properties in question were already under a restriction notice issued by the Anti- Corruption Director General when the court issued the warrant of seizure in question and that the lawyer for the state never countered this issue, and thus, it goes without saying that a restriction notice was in force at the time the warrant of seizure was issued.

“From the definition of seizure under the Anti-Corruption Act no 3 of 2012, it is clear that both warrant and restriction notice have same effect. Therefore, applying for a warrant of seizure on a properties subject of a restriction notice was nothing but an abuse of process,” the ruling read in part.

Magistrate Mwaba charged the warrant of seizure was irregularly issued as an affidavit in support was not filed in court as required by law.

“To cap it all, the said warrant of seizure does not serve the purpose for which it was intended. And even if it did, it could still not be in order to have both warrant of seizure and restriction notice on the same properties in force at the same time,” he ruled.

“For the foregoing, the application to set aside the document which prima facie is warrant of seizure is allowed.”

36 COMMENTS

  1. Truly laughable! Running around like headless chickens – leaving a trail of failures. Unbelievable! That ACC is not fit for purpose!

    #plant a tree please.

    21
    1
  2. TODAY, will go in history, that it has been the most positive day on all cases involving these PF suspects (Pompwees) …..Chitotela, Milingo Lungu, and now Lvsambo.
    The conclusion from all cases disposed off today, indicates that Zambia security wings like ACC really are lacking qualified Specialist. Trained staff in both Zambian Law and also Financial Management, including processes. And losing diginity and trustworthiness.
    As a Nation, Zambians you shouldn’t be blaming HH or UPND for such failure in these cases. These pompwees are NO good for an ordinary Zambian be that person a PF or UPND. Therefore, there is NO REASON to applaud the Lvsambos, Chitotelas, Milingos, unless you EAT / ATE with them. CORRUP{TION should be condemned by all without party affiliations. Period.

    11
    9
  3. At his press conference the president wondered where Bowman got the property he was boasting of, the following day his property was seized. In short the ACC didn’t do their professional home work but just obeyed the indirect instructions

    21
    2
  4. The investigative wings must be left alone to carry out investigation which must be conclusive. This habit of whitsle blowing even if you don’t know how someone got his wealth will always embarrass these wings. Today Tarino Orange threatened me with imprisonment without due cause.

    12
    3
  5. #8 Tikki that is why you are losing even straight forward cases. So I am imprisoned, so what pleasure do you get out it? Imprisoning an innocent person just because he doesn’t support your party?

    5
    1
  6. UsPND need to drain the swamp of PF aligned, corrupt judges! After all, they were in sane schemes with PF

    3
    11
  7. Small technicalities…………..

    Thieving is thieving…………

    This GRZ will not give up until you broke with lawyers ………..

    3
    3
  8. If Miss Chirwa was a football manager she would’ve been sacked by now. Too many own goals, defence is non existent, attack is toothless. Fire that lady already, come on now.

    4
    1
  9. This is a slap on the face of ACC. Surely is this organization being run by qualified professionals or just a bunch of amateurs. Up to now no conviction no proper arrests or evidence which can be produced in court. ACC needs a complete overhaul from top to bottom.

  10. This is what happens if you employ personal vendetta as opposed to rule of law in corruption fight. this corruption fight is hogwash to make us believe BMW is concerned about our welfare as citizens whilst in broad daylight they are cutting deals at Community House with infestors. Dear citizens there’s privatization for zambia stage 2 and by the moment we shall open the eyes, this country will be completely privatized. NIPANO TULI!!!

    3
    2
  11. @ Wajimona If this was really stolen money and ACC has failed to prove this, its actually us the Zambians who have lost out big time. If it was genuinely obtained, I absolutely agree with you.

  12. Deja Vu dont take me or others on here too seriously
    Tarino Orange is trying to blog about relevant issues and certainly knows his stuff
    but it goes over the head of most on here
    this site is more like comedy centra,
    One cannot be logical on here its inter party rivalry plan and simple

    6
    1
  13. Deja Vu – Be serious where have I threatened you with imprisonment…please go and celebrate with your pal Bowman there in CB.

  14. If Bowman wins and keeps the house. I will be very disappointed in our government. And I will be the next 2Pac of Zambia.

    7
    1
  15. We are not surprised. I told you when this happened that this political persecution is not going anywhere. I just called my brother bowman who told me that they have damaged his property out of malice. How disgusting is hh. Very angry and sad man.

    PF-4 UPND COURTS -0

    2
    6
  16. The fight on corruption and/or cleaning up the mess of embezzling national resources for self enrichment seems to be a losing one for the new administration and while the spirit (New Dawn leadership) is willing, the flesh (Investigative wings) is weak and could even be complicit in the bungling of investigations reasons being cases being investigated has elements of investigators involved and being spill over appointments by the Lungu administration the investigative wings’ loyalty is suspect. Such court outcomes are frustrating to many following suspects of corruption investigations!

  17. This is getting very embarrassing. ACC does not have good accountants, auditors or lawyers. This is what happens when you cannot attract the brightest minds into investigative wings. I wonder, you have ZICTA, you can bug their phones. You can place spyware in their cars, houses. You have access to bank accounts and you cannot corroborate this? Something is really off.

  18. #21 Tarino Orange… short memory? Didn’t you say I would be joining Chitotela and Co in jail? Knowing you guys, you vengeance has no limits even extended innocent citizens.

    1
    1
  19. @ Tarino Orange Bowman cannot be my pal in anyway. The fact that I am not happy with your Government doesn’t make me a friend of such groups. I am a citizen of this land and I don’t it to any politician including your HH. It’s my land and I talk as I like.

    3
    1
  20. “Deja Vu – Dont worry you will have time to see your three mates in prison one day and catch up on good times!!”

    How is that a threat? All I am stating is one day these guys will be prison and you will have even more time to visit them on visiting hours and take food for them!

    2
    3
  21. @general KANENE
    It goes without saying that the ACC are qualified people but the person call the shoots whose other than your HH is not qualified to call the shoots. He’s using emotions to persecute opponents without following the rule of law. That’s why he hold press conferences and start arresting people during his address and talking about cases that under the courts of law. Congratulations to you all PF and the courts of the land. My simple advice to badala ba HH concentrate on building the economy right things are so bad in the country only the Lumbani madodas are singing song on empty stomach. It’s just the matter of time they will soon have no voices to sing

    2
    1
  22. @general KANENE
    It goes without saying that the ACC are qualified people but the person calling the shoots whose other than your HH is not qualified to call the shoots. He’s using emotions to persecute opponents without following the rule of law. That’s why he holds press conferences and start arresting people during his address and talking about cases that under the courts of law. Congratulations to you all PF and the courts of the land. My simple advice to badala ba HH concentrate on building the economy right things are so bad in the country only the Lumbani madodas are singing song on empty stomach. It’s just the matter of time they will soon have no voices to sing

    1
    1
  23. I have always said that education and degrees do not make a person intelligent or wise. Thank you hh for proving me right. You have lamentably failed to achieve a single conviction. Who are your legal advisors? Fik0p0 sana! Hahaha lekefyo…

    1
    2
  24. ZAMBIA MUST BE SAVED! MOST OF THE CORRUPT MAGISTRATES AND JUDGEES HAVE JOINED THE CARTEL OF PF THIEVES WHO ARE TYING TO GUN DOWN HH’S EFFORT TO ELIMINATE CORRUPTION , A PRACTICE WHICH THEY LOVE SO MUCH. PLZ LET US IDENTIFY SUCH MAGISTRATES AND GET THEM OUT

    2
    3
  25. WHO IS THE WATCHDOG OF THE WATCHDOG? IT IS QUITE CLEAR THAT BRIBES ARE BEING EXCHANGED FOR CASES TO BE SQUASHED OR RENDERED UNPROSECUTABLE. ZAMBIA WILL BE ZAMBIA AFRICA WILL BE AFRICA AS LONG AS YOU HAVE MONEY YOU ARE UNTOUCHABLE ABOVE ALL OTHERS> HOW ELSE CAN YOU EXPLAIN SUCH MATUVI AS KAIZAR CHIMBWI ZULU, CHITOTELA, BOWMAN, CHANDA ETC. WALKING AROUND SCOT FREE ENJOYING THE MONEY THEY HAVE PERMANENTLY DESTROYED THE NATION OF THEIR BIRTH WITH AND ZERO SUCCESSFUL PROSECUTIONS? THIS IS BS. THIS IS TRULY NOW THE END OF ZAMBIA WE WILL DESCEND INTO ZIMBABWE SOON YOU WILL BE FLEEING TO JOHANNESBURG, GABORONE, ETC WHILE YOUR FATCATS CONTINIUE TO LIVE BIG AND LEAVE YOU STARVING. HH AS GOOD AS HIS INTENTIONS ARE IS A TYPICAL ZAMBIAN HE IS MORE CONCERNED WITH PROPRIETY, PUBLIC IMAGE AND MUZUNGU…

  26. When I told you guys that jail is for morooons like Tarino Orange and Pompweee Spaka and Makaka General and big head Step aside…..just wasting tax payers money pretending like they’re fighting corruption….UPND IS A ONE TERM POLITICAL PARTY….NO DOUBT ABOUT IT

Comments are closed.

Read more

Local News

Discover more from Lusaka Times-Zambia's Leading Online News Site - LusakaTimes.com

Subscribe now to keep reading and get access to the full archive.

Continue reading